Companies Take Note - Dividends Can Be Proceeds of Crime

Problems with doing ‘clean’ business in some jurisdictions are almost insurmountable, yet the Bribery Act 2010 is clear that offering inducements can easily amount to unlawful activity.

It may be thought that where such activities are carried on by a subsidiary, the risk of penalty stays within the subsidiary, so if a contract is undertaken using a subsidiary company, the profits can be made there and passed up to the holding company by way of dividends.

However, the approach of the Serious Fraud Office (SFO) in a recent case should leave no one in any doubt that, where it is worthwhile, the SFO is likely to seek a confiscation order over the dividends as being the ‘proceeds of crime’. In the case in point, the SFO has claimed more than £130,000 in dividends received by the holding company of an engineering firm.

SFO spokesman Richard Alderman has issued a stern warning to shareholders who have the ability to influence the behaviour of the companies in which they invest that, even if they are unaware of any inappropriate behaviour, the SFO is prepared to take civil action against them to recover income received that is the proceeds of crime and has warned investors – particularly institutional investors – that they must ‘satisfy themselves with the business practices of the companies they invest in’.

If you are concerned about the business practices followed in any company, joint venture or other business in which you have money invested, contact us for advice.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Authorised and regulated by the Solicitors Regulation Authority. SRA No. 510079 | A list of the members of the LLP and of non-members who are described as partners is available for inspection at the registered office address shown above.
Healys and Healys Solicitors are trading names of Healys LLP which is a Limited Liability Partnership. Registration number OC342610.
We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications.
Our professional indemnity insurer is Balva Insurance Company AAS and is in respect of the firm's practice.

Authorised and regulated by the Solicitors Regulation Authority. SRA No. 510079 | A list of the members of the LLP and of non-members who are described as partners is available for inspection at the registered office address shown above.
Healys and Healys Solicitors are trading names of Healys LLP which is a Limited Liability Partnership. Registration number OC342610.
We use the word partner to refer to a member of the LLP, or an employee or consultant with equivalent standing and qualifications.